Statute of Limitations

COMMON ACRONYM(S) FOR "DRUNK DRIVING":

Driving Under the Influence, or "DUI." Other states use DWI (e.g., Louisiana and Texas)

PROHIBITED VEHICULAR ACTIVITY:

Drive or otherwise operate.

COVERED VEHICLES OR DEVICES:

A motorized vehicle.

COVERED LOCATIONS:

DUI (criminal) – any location within the State, whether public or private property.

Implied Consent (civil) – administrative penalties (driving privilege suspension of either 90 days or 1 year) apply only for the refusal of the Intoxilyzer 8000 breath test if found to be driving or operating public highways, public roads and streets of this state.

IMPAIRED DRIVING OFFENSES:

Mississippi Code Annotated (MCA) Sec. 63-11-30(1):

1. Under the influence of intoxicating liquor, or "common law" DUI;
2. Under the influence of any other substance which has impaired such person's ability to operate a motor vehicle;
3. Under the influence of any drug or controlled substance which is unlawful under the Mississippi Controlled Substances Law;
4. Has an alcohol concentration .08% or more for persons twenty-one (21) or .02% or more for persons who are below the age of twenty-one (21); has an alcohol concentration of .04% or more for persons operating a commercial motor vehicle.

1. Driving/Operating under the influence of intoxicating liquor, or "common law" DUI (usually no BAC test results available, or the BAC test results are ruled inadmissible): the prosecution must prove impairment, that is "commonly understood to mean driving in a state of intoxication that lessens a person's normal ability for clarity and control." Leuer v. City of Flowood, 744 So.2d 266 269 (Miss. 1999);
2. Driving/Operating under the influence of any other substance: the prosecution must prove impairment;
3. Driving/Operating under the influence of any drug or controlled substance which is unlawful under the Mississippi Controlled Substances Law: the prosecution must simply prove that one was "under the influence" in this narrow context, and there is no "per se" requirement if any toxicological test was given;
4. Driving/Operating with a blood alcohol concentration .08% or more for persons twenty-one (21) or .02% or more for persons who are below the age of twenty-one (21); has an alcohol concentration of .04% or more for persons operating a commercial motor vehicle: the prosecution must prove the accuracy of the machine, that the machine's operator was certified, and that all proper procedures were followed in the administration of the test.

Adult Drivers (21 years old and older):

1st Offense – Conviction:

Fine of $250 to $1,000 plus state assessments and court costs for first time offenders;

Up to 2 days of jail time; however, substitution of a "victim impact panel" (VIP) may be substituted in lieu of jail;

All convicted will be required to attend an alcohol safety education program; in Mississippi this is known as the Mississippi Alcohol Safety Education Program (MASEP) – currently a 12 hour program – and it must be completed within 6 months of sentencing; if the driver is a non-Mississippi licensed driver, he/she may be allowed to complete a substantially equivalent program in his/her home state;

Probation can be lengthy, for up to 2 years, as determined by the sentencing judge, up to 2 years of supervised probation;

A conviction triggers a license suspension. These are the Driver's License Suspension periods (or Privilege to drive in MS for out of state licensees loss of entitlement to drive:

Class R (regular operator's license): 120 days.

CDL (commercial driver's license or commercial learning permit): 1 year.

Unlike some other states, no work permit or hardship driving permit or license is available.

Restricted Driving Privileges?:

Class R (regular operator's license): Ignition Interlock Device restriction for 120 days, in lieu of a "hard suspension;" the device must be one approved by the Mississippi Department of Public Safety, the driver must pay all installation, calibration, maintenance & removal costs of the device, and the driver must pay the fees as determined by the Department of Public Safety for the "interlock restricted driver's license;"

CDL (commercial driver's license or commercial learning permit): NOT AVAILABLE IN MISSISSIPPI.

Minor Drivers (Under the age of 21):

1st Offense – Conviction:

*If the BAC result is .08% or more, then he/she is treated as an Adult Offender (see above).

If the BAC result is .02% but less than .08%, or if "chemical test results are not available," then the penalties are as follows:

Fine of $250 plus state assessments and court costs;

Attendance at an alcohol safety education program; in Mississippi this is known as the Mississippi Alcohol Safety Education Program (MASEP) – currently a 12 hour program – and it must be completed within 6 months of sentencing; if the driver is a non-Mississippi licensed driver, he/she may be allowed to complete a substantially equivalent program in his/her home state;

In the discretion of the sentencing judge, attendance of a "victim impact panel" (VIP);

In the discretion of the sentencing judge, up to 2 years of supervised probation;

Driver's License/Driving Privileges Suspensions:

Class R (regular operator's license): 120 days.

CDL (commercial driver's license or commercial learning permit): 1 year.

"Hardship" or "Work Permit" Driver's Licenses? NOT AVAILABLE IN MISSISSIPPI.

ALL Drivers, Irrespective of Age:

1st Offense – Nonadjudication:

Nonadjudication, or "no adjudication," means that the court withholds adjudication of guilt and sentencing, either at the conclusion of a trial or up on the entry of a conditional plea of guilty. The court places the driver in a nonadjudication program conditioned upon the successful completion of the requirements imposed by the court, which generally consists of:

Fine of $250 to $1,000 plus state assessments, court costs, and the nonadjudication fee of $250;

Attendance at an alcohol safety education program; in Mississippi this is known as the Mississippi Alcohol Safety Education Program (MASEP) – currently a 12 hour program – and it must be completed within 6 months of sentencing; if the driver is a non-Mississippi licensed driver, he/she may be allowed to complete a substantially equivalent program in his/her home state;

In the discretion of the judge, up to 2 years of supervised probation;

In the discretion of the judge, random alcohol or drug screening, or both;

In the discretion of the judge, proof that the driver committed no other traffic violations while in the nonadjudication program;

In the discretion of the judge, the immobilization or impoundment of vehicles owned by the driver;

In the discretion of the judge, attendance of a "victim impact panel" (VIP);

Class R (regular operator's license): 120 days, if the DUI violation was related to alcohol; or, 120 days, if the DUI violation was related to a controlled substance or any other impairing, but this suspension may be avoided if the driver submits to drug testing at his/her own expense for not less than 30 days during the otherwise 120 day period of suspension

CDL (commercial driver's license or commercial learning permit): INELIGIBLE FOR NONADJUDICATION.

When you are ready to attack this legal nightmare, call today at 1-800-360-3847 for a LAWYER consultation. You will be speaking to one of our three Mississippi Super Lawyers and legal book co-authors.

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